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vinay_2431 (engineer)     22 January 2019

Can a married women request for dna testing ?

Hello Experts,

    Can a married women who has been married for 23 years request for a DNA test for her son? claiming that her husband is not the Biological Father? the child is 16 years old now

  will the court allow such request coming from a women who is the mother of the child?




 17 Replies

Sudhir Kumar, Advocate (Advocate)     23 January 2019

Why she wants such stigma

G.L.N. Prasad (Retired employee.)     23 January 2019

Even otherwise if not through court, any one can obtain such certificate from bonafide laboratories and submit it as documentary evidence.

SHIRISH PAWAR, 7738990900 (Advocate)     23 January 2019

As per me wife can simply say to husband that child is not your son. after this statement no husband will claim fatherhood of child.

P. Venu (Advocate)     23 January 2019

What is the point in dispute? What is the real issue?

Shashi Dhara   23 January 2019

What is the problem

K.K.Ganguly (Advocate)     23 January 2019

1. Court order is not required for getting the DNA of her son verified.


2. She can get the DNA of her son tested by the appropriate Laboratory.

vinay_2431 (engineer)     23 January 2019

Hello Experts,

   The issue is that the wife would like to get out of the wedlock as her parmour is rich and famous person , but she is worried that her husband may not give her divorce legally, as her husband and kid are emotionally attached and the entire neighbourhood sees them as a perfect family . so inspite of all the drama that his wife puts,no one is ready to listen to her as already 16 years have passed.

  so she wants to get seperated from her husband legally . so she wants to prove legally that her husband is not the biological father and take divorce based on that.

  can that wife legally request the court's for a DNA test to prove that her husband is not the biological father? are there any provisions in law which can stop her from doing DNA test  .



G.L.N. Prasad (Retired employee.)     23 January 2019

There is no such law that prevents any citizen in exercising their rights.  Even if a DNA test proves illegitimacy, the husband may not be willing to give divorce, as he can claim that he has given consent for such adultery as per the past laws.  Finally, it is left to the Court to decide on such facts presented before them.  But, even court cannot compel her,  when a wife is not interested to continue the marital relationship.

vinay_2431 (engineer)     23 January 2019

Well Prasad sir,

   Courts cannot compel her "Agreed" but the court also cannot break a family because a women wants to break it???

anyway legally if she requests the court will they Direct a person to have a DNA test ?? if yes then during the ND Tiwari arguments the son produced the below proof's to allow the courts for a DNA test to prove ND Tiwari is the biological father.


 "Rohit Shekhar son of ND Tiwari  also relies upon copies of several photographs filed along with the suit and even subsequently. In support of the submission that Ujjawala Sharma and B.P. Sharma were estranged and subsequently their marriage was dissolved, reliance is placed upon the pleadings in the divorce proceedings. It is submitted that the said Court document established that the husband and wife 3/28  were estranged and living separately since 1970 "


here in the wife's case the son was born during the valid marriage period and husband and wife's relationship is not estranged like in ND Tiwari's case,and above all  as per the law she also needs to report the actual father name before 280 days after the kid was born. so keeping all this in mind the courts can rule in husbands favour stating that 

"the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA is eminently needed. DNA in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspects including presumption under Section 112 of the Evidence Act; pros and cons of such order and the test of `eminent need' whether it is not possible for the court to reach the truth without use of such test "


with the above statements  how likely that the court can order a DNA test as the marriage is still valid during the conception ?

G.L.N. Prasad (Retired employee.)     23 January 2019


Please read the entire reply.  Any person can get such certificate even without court intervention.  Court can not compel any one to continue marital status without mutual consent.

vinay_2431 (engineer)     23 January 2019

Hello Prasad sir,

  Yes we can get the certificate, but the validity of the certificate onl courts can authorize that legally .

so the question is will the courts order for DNA test? and authorize her document? 



vinay_2431 (engineer)     23 January 2019

These days the DNA kits are available for testing for 10 to 20K rupees,

but they are not legally authorized by courts, for the court to order a DNA test both parents have to be present and simulteneiously give the blood sample at some government authorized organization .

  we can get this done privately also but courts will not authorize that test.


G.L.N. Prasad (Retired employee.)     23 January 2019

When a valid document is presented as documentary evidence, Courts can not ignore the validity.

vinay_2431 (engineer)     24 January 2019

Validity by whome?? some private company? or by some government authorized organization?




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